People v. Lopez CA4/2

BACKGROUND

In October 2024, defendant went into a Home Depot and robbed two of its

employees. He was charged by information with two counts of second degree robbery

(Pen. Code § 211).1 The information also alleged that defendant had suffered a prior

conviction that qualified as a strike (§§ 667, subds. (b)–(i), 1170.12, subd. (a)-(d)) and a

serious felony prior (§ 667, subd. (a)(1)), and alleged 10 aggravating factors (§1170,

subd. (b)(2)).

The trial court granted defendant's motion to bifurcate the proceedings so the jury

would hear only the evidence concerning the robberies. After the People rested,

defendant moved pursuant to section 1118.1 for acquittal on the grounds that the People

had not established that he used force and fear against the Home Depot employees. The

motion was denied.

The jury found defendant guilty of the two counts of second-degree robbery.

Thereafter, the trial court granted defendant’s request to proceed in pro per for his

sentencing. The court found true the allegation that defendant had a prior conviction, as

well as the aggravating factors that defendant was armed, he had numerous prior

convictions of increasing seriousness, and…